Civil penalties

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    (a)    Except as otherwise provided in § 12-915(e) of this subtitle, the Commissioner may assess a civil penalty not exceeding $5,000 for each violation against a person who:

        (1)    violates this subtitle;

        (2)    violates a regulation adopted or order issued under this subtitle; or

        (3)    operates in the State a boiler or pressure vessel, except a pressure vessel covered by an owner-user inspection service as provided by this subtitle, without a certificate.

    (b)    In assessing the appropriateness of a civil penalty under this section, the Commissioner shall give due consideration to:

        (1)    the nature or gravity of the violation;

        (2)    the person’s good faith; and

        (3)    the person’s history of previous violations.

    (c)    (1)    A person may request a hearing before the Commissioner or the Commissioner’s authorized representative to contest a proposed penalty or an alleged violation of this subtitle.

        (2)    The Commissioner shall adopt regulations as reasonably necessary to carry out this subsection.


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